city of moline

MOLINE CITY COUNCIL AGENDA

Tuesday, August 13, 2019

6:00 p.m. (Immediately following the Committee-of-the-Whole meeting)

City Hall

Council Chambers – 2nd Floor

619 16th Street

Moline, IL

Call to Order

Pledge of Allegiance

Invocation – Alderman Wendt

Roll Call

Consent Agenda All items under the consent agenda will be enacted by one motion. There will

be no separate discussions of these items unless a Council Member so

requests, in which case, the item will be moved from the Consent Agenda and

considered as the first item after the Omnibus Vote.

Approval of Minutes & Appointments Made Committee-of-the-Whole and Council meeting minutes of August 6, 2019, and appointments made during

Committee-of-the-Whole on August 13, 2019.

Resolutions

1. Council Bill/Resolution 1101-2019

A Resolution authorizing the Mayor and City Clerk to execute and attest to a KONE Inc. Proposal to

Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization and Related Products,

Services and Solutions under the U.S. Communities Program utilizing the Terms and Conditions of the

City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1, 2018).

Explanation: The City currently has several stand-alone contracts with three companies for elevator

maintenance. In an effort to increase efficiency, staff has looked into consolidating contracts. The City belongs

to US Communities, now part of OMNIA Partners, the nation’s largest cooperative purchasing organization for

the public sector, therefore we are eligible for pre-negotiated contract pricing under the U.S. Communities

Program utilizing the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-

EV2516 dated December 1, 2018). Proposed units and equipment price for eight (8) elevators is $1,662 per month

for a total of $19,944. The City of Kansas City Master Contract is for a 6-year initial term (the first 3 years are

fixed price; years 4, 6 and 8 escalate 3.25% for labor adjustment) with five 1-year renewal options. Our current

contracts include oil and lube only, and any maintenance, parts, and labor including call outs are paid at a

premium. We have the Alternate Option to this proposal to add the Moline Library and Centre Station Parking

Ramp for an additional $350/month when current contracts expire. By entering into this proposal, the City will

receive substantial savings in contractual repairs. Additional documentation attached.

Fiscal impact: Annual savings of approximately $8,000, with a greater level of service. Funds are

budgeted in the following accounts: #447-0851-439.04-26, 310-1712-434.04-26,

010-0821-423.04-26, 010-0823-423.04-26, Maintenance Contracts and #447-

0851-439.04-25, 310-1712-434.04-25, Contractual Repairs.

Public Notice/Recording: N/A

COUNCIL

MEMBER

PRESENT

ABSENT

Williams

Parker

Wendt

Potter

Moyer

Schoonmaker

Waldron

Berg

Mayor Acri


A Resolution authorizing staff to invest the necessary time to study the operations and maintenance for the

Rock Island Arsenal drinking water treatment plant on a short-term basis with the intent of a longer range

plan to connect to Moline’s water treatment plant, water distribution system, storm water system

maintenance, and acquire cost estimates to be used to develop a concept agreement to be evaluated by the

United States as they consider engaging with Moline in an Intergovernmental Service Agreement (IGSA)

with the Rock Island Arsenal.

Explanation: Public Works staff has engaged in surface level discussion with the Rock Island Arsenal (RIA)

Garrison Commander and his staff regarding the potential for Moline to perform water and sewer operations and

maintenance activities on the Island. In order to proceed, staff would need to conduct a detailed study of

operations and maintenance documentation provided by the Army. Staff would need to develop a rough cost

estimate by mid-September of 2019. Public Works is seeking authorization to invest the necessary time to study

the operations and maintenance for the RIA water treatment plant on a short-term basis with the intent of a longer

range plan to connect to Moline’s water treatment plant, water distribution system and storm water system

maintenance. If projected costs are in line with Army estimates and quantities, the next step would be to develop

the concept agreement.

Fiscal Impact: Building a partnership that grows Moline’s financial base by expanding customers.



A Resolution authorizing the Mayor and the City Clerk to execute and attest to an agreement with the

Urban Land Institute (ULI) for a five-day Technical Assistance Program (TAP) to evaluate a series of

questions pertaining to future developable land in the I-74 Realignment Area.

Explanation: In January 2019, Renew Moline applied for the Technical Assistance Program (TAP) to the Urban

Land Institute for a two-day TAP to evaluate a series of questions pertaining to future developable land in the I-

74 Realignment Area. Those questions were:

What should the city’s acquisition strategy be for the former IDOT parcels?

Are there particular sites that should be prioritized for development, and what should the city’s support of

those be?

What is the optimal mix of uses for those parcels/sites?

What are the important development sites that could spur redevelopment and/or function as anchors to the

newly-developed I-74 realignment area?

ULI staff attended a day-long meeting in Moline on March 28, and recommended a national (5-day) panel because

of the scale of the opportunity and the time required to conduct research necessary to put forth a complete report.

The total program cost is $135,000. ULI will rebate $10,000, Renew Moline will contribute $20,000, and the

remaining balance of $105,000 will be paid from TIF 1 funds.

Fiscal Impact: Up to $105,000 from TIF 1 funds



A Resolution authorizing the Mayor and City Clerk to execute an agreement between the City of Moline

and the Board of Education of Moline School District 40 setting forth the terms for assignment of four

police liaison officers to Moline schools for the 2019/2020 school year.

Explanation: This annual reimbursement agreement includes four police officers assigned to Moline School

District 40 during the 2019-2020 school year. The school district will reimburse 40 percent of the salary and

benefit costs for the officers assigned at Moline High School, the Alternative High School, and Wilson and John

Deere Middle Schools. Additional documentation attached.

Fiscal Impact: Reimbursement of $214,548 by Moline School District 40.



A Resolution authorizing the City Administrator and Chief of Police to execute an Intergovernmental

Agreement between the City of Moline and the Quad City Metropolitan Enforcement Group for the period

July 1, 2019 through June 30, 2020, setting forth the terms for the Police Department’s continued

participation in this multi-jurisdictional law enforcement effort.

Explanation: The Quad City Metropolitan Enforcement Group (MEG) is a multi-jurisdictional law enforcement

unit that combats illegal drug trafficking and the use and distribution of controlled substances. The Police

Department has participated as a member of MEG since its formation in 1977. Previously, an updated agreement

was only intermittently executed; however, the Department of Justice now requires MEG to annually renew its

agreements with agencies. Additional documentation attached.

Fiscal Impact: N/A



A Resolution declaring the City-owned property at 1311 3rd Street A, Moline, Illinois, to be surplus; and

authorizing the Mayor and City Clerk to execute and attest to an Agreement for Transfer of Real Estate

and do all things necessary to convey the City-owned property at 1311 3rd Street A, to Moline Community

Development Corporation, an Illinois Not-For-Profit Corporation.

Explanation: As a result of City Council goal setting, the Moline Community Development Corporation

(MCDC) was created in 2008. The City and MCDC partner with each other to provide increased opportunities

for quality housing for low to moderate income families and to foster neighborhood improvement. The City

recently acquired the property at 1311 3rd Street A as a result of abandoned-building proceedings. To provide

momentum to MCDC’s efforts, MCDC is interested in rehabilitating the home on the lot and selling it to a

qualified family. The City can, in the exercise of its home rule powers, donate the Property to MCDC for that

purpose. The rehabilitation and sale of the home at this location will restore the blighted property and increase

the property tax base in the future. Additional documentation attached.

Fiscal Impact: Lower property maintenance expenses and increase future property tax base future.

Public Notice/Recording: Law Department to Record Quit Claim Deed


A Resolution authorizing the Mayor and City Clerk to execute a Quit Claim Deed to B.M. Bagby, Inc. to

convey all right, title and interest in Lot Number One (1) in Hawk Hollow Addition, Moline, and to remove

and cancel the stipulation of right of reverter contained in the original Warranty Deed between the City of

Moline and B.M. Bagby, Inc., recorded May 25, 2016, as Document No. 2016-07809.

Explanation: Pursuant to Council Bill/Special Ordinance No. 4014-2016, the City of Moline and B.M. Bagby,

Inc. (“Bagby”) executed an Agreement for Sale and Development of Real Estate on March 21, 2016, for Bagby’s

purchase of Lot 1 Hawk Hollow Addition, Moline. Under the Agreement, Bagby agreed to make certain

improvements to the property, including the construction of five multi-unit two-story townhouse buildings by

December 31, 2021, and to make payments per the Agreement’s seller financing rider. The Agreement includes

a right of reverter stipulating that any portion of the property where construction has not begun, not including the

detention basin, by December 31, 2021, will revert to the City, and Bagby will relinquish all interests in said

portion. The City has received acknowledgment that Bagby is completing construction of the fifth townhouse

and has complied with all special restrictions and covenants of the Agreement, and therefore agrees to execute a

Quit Claim Deed to convey all right, title and interest in the property to Bagby and to specifically remove and

cancel the stipulation of right of reverter contained in the Warranty Deed recorded May 25, 2016, as Document

No. 2016-07809. Additional documentation attached.

Fiscal Impact: N/A

Public Notice/Recording: N/A; Bagby will record the Quit Claim Deed

Omnibus Vote

Non - Consent Agenda

Resolutions 8. Council Bill/Resolution 1108-2019

A Resolution authorizing the Mayor and City Clerk to execute a

Memorandum of Understanding between the City of Moline, City of

Rock Island, and County of Rock Island, setting forth the terms for

submitting a joint application for funding available through the U. S.

Department of Justice 2019 Byrne Justice Assistance Grant (JAG)

Program.

Explanation: Moline, Rock Island, and Rock Island County law

enforcement agencies are eligible to submit a joint application for a total of

$26,403.00 to be awarded through the JAG Program. The Allocations and

Disparate Information listing published by the Department of Justice

specifies the award level for Moline and Rock Island, with Rock Island

County listed as a disparate jurisdiction entitled to request a share. The individual allocations will be $2,640.30

to Rock Island County, $10,347.30 to Rock Island, and $13,415.40 to Moline. Three percent of the award must

be set aside toward compliance with the federal National Incident-Based Reporting System (NIBRS), which will

replace Uniform Crime Reporting (UCR) in 2021. The remaining share will be used to purchase Taser units that

will replace very old units and integrate with the body worn camera system. Consideration is requested, as the

deadline for grant submission is August 23, 2019. Additional documentation attached.

Fiscal Impact: Grant award of $13,415.40.

Public Notice/Recording: Public Notice through website, published agendas and open meeting.

First Reading Ordinances 9. Council Bill/General Ordinance 3021-2019

An Ordinance amending Chapter 4, “ALCOHOLIC LIQUOR,” of the Moline Code of Ordinances, by amending

Section 4-3317 and 4-3324 to allow the presence of companion dogs in outdoor areas of establishments other than

Restaurants (Class A or Class AA) holding a valid License and an Option 1 or Option 7 Special Use.

Explanation: Chapter 4 of the Moline Code of Ordinances provides for the sale and possession of alcoholic

liquors within the City. Through the exercise of its home rule powers, the City wishes to amend Chapter 4 to

permit companion dogs to be present in the outdoor areas of Class B Tavern liquor licensed establishments that

also have the appropriate special use option (Option 1 Outdoor Use or Option 7 Retailer’s On-Site Outdoor

Special Use). No companion dog shall be present in the interior of any tavern or in any area where food is

prepared, and the following shall be taken into consideration to determine whether to grant an application for an

Option 1 and Option 7 Special Use: (1) the size and capacity of the licensed outdoor area; (2) the compatibility

of the presence of companion dogs with the neighboring properties; (3) the existence of any threats to the safety

of either patrons or the companion dogs from the nature of the service and activities in the outdoor area. The

Option 1 and Option 7 Special Use holder must ensure compliance with the Illinois Food, Drug, and Cosmetic

Act, the Food Handling Regulation Enforcement Act, the Sanitary Food Preparation Act, and all other applicable

statutes and ordinances of the City of Moline.

Fiscal Impact: N/A


Miscellaneous Business (if necessary)

Public Comment Members of the Public are permitted to speak after coming to the podium and stating their names.

Executive Session (if necessary)

OMNIBUS VOTE

Council

Member

Aye

Nay

Wendt

Potter

Moyer

Schoonmaker

Waldron

Berg

Williams

Parker

Mayor Acri

OMNIBUS VOTE

Council

Member

Aye

Nay

Wendt

Potter

Moyer

Schoonmaker

Waldron

Berg

Williams

Parker

Mayor Acri

Council Bill/Special Ordinance No. 1101-2019

Sponsor:

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute and attest to a KONE Inc. Proposal to

Supply Elevator, Escalator, Moving Walkway Maintenance, Repair,

Modernization and Related, Products, Services and Solutions under the U.S.

Communities Program utilizing the Terms and Conditions of the City of

Kansas City Master Contract (Reference GENRL-EV2516 dated December

1, 2018).

________________________

WHEREAS, the City currently has several stand-alone contracts with three companies

for elevator maintenance and in an effort to increase efficiency staff has looked into consolidating

contracts; and

WHEREAS, the City belongs to the US Communities now part of OMNIA Partners, the

nation’s largest cooperative purchasing organization for the public sector, therefore we are eligible

for pre-negotiated contract pricing under the U.S. Communities Program utilizing the Terms and

Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated

December 1, 2018); and

WHEREAS, the proposed units and equipment price for eight (8) elevators is $1,662 per

month for a total of $19,944 and the City of Kansas City Master Contract is for a 6-year initial

term (the first 3 years are fixed price, years 4, 6 and 8 escalate 3.25% for labor adjustment) with

five 1-year renewal options; and

WHEREAS, it is estimated that an annual savings of approximately $8,000 will be

received with a greater level of service and funds are budgeted in the following accounts: #447-

0851-439.04-26, 310-1712-434.04-26, 010-0821-423.040-26, 010-0823-423.04-26, Maintenance

Contracts and #447-0851-439.04-25, 310-1712-434.04-25, Contractual Repairs.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

MOLINE, ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to execute and attest to a KONE Inc.

Proposal to Supply Elevator, Escalator, Moving Walkway Maintenance, Repair, Modernization

and Related, Products, Services and Solutions under the U.S. Communities Program utilizing the

Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516

dated December 1, 2018); provided, however, that said proposal is in substantially similar form

and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A.

CITY OF MOLINE, ILLINOIS

Mayor

August 13, 2019

Date

Council Bill/Special Ordinance No. 1101-2019

Page 2 of 2

Passed: August 13, 2019

Approved: August 27, 2019

Attest:

City Clerk

Council Bill/Resolution No. 1102-2019

Sponsor:

A RESOLUTION

AUTHORIZING staff to invest the necessary time to study the operations and maintenance

for the Rock Island Arsenal drinking water treatment plant on a short-term

basis with the intent of a longer range plan to connect to Moline’s water

treatment plant, water distribution system, storm water system maintenance,

and acquire cost estimates to be used to develop a concept agreement to be

evaluated by the United States as they consider engaging with Moline in an

Intergovernmental Service Agreement (IGSA) with the Rock Island

Arsenal.

_____________________

WHEREAS, Congress passed legislation that allows for Intergovernmental Service

Agreements (IGSA) to exist with community partners; and

WHEREAS, the Army has begun engaging in these Public-Public partnerships between

specific installations and units of state or local government for the provision, receipt, or sharing of

installation support services; and

WHEREAS, Moline Public Works is recognized regionally as being efficient in utility

services; and

WHEREAS, staff would need to conduct a detailed study of operations and maintenance

documentation to prepare a concept memorandum.



That the City Council finds it in the best interest of the City of Moline, Illinois, to authorize

approval for staff to invest the necessary time to study the operations and maintenance for the Rock

Island Arsenal drinking water treatment plant on a short-term basis with the intent of a longer

range plan to connect to Moline’s water treatment plant, water distribution system, storm water

system maintenance, and acquire cost estimates to be used to develop a concept agreement to be

evaluated by the United States as they consider engaging with Moline in an Intergovernmental

Service Agreement (IGSA) with the Rock Island Arsenal.


Mayor

August 13, 2019

Date



Attest:

City Clerk


Sponsor:

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute and attest to an agreement with the

Urban Land Institute (ULI) for a five-day Technical Assistance Program

(TAP) to evaluate a series of questions pertaining to future developable land

in the I-74 Realignment Area.

___________________

WHEREAS, in January 2019, Renew Moline applied for the Technical Assistance

Program (TAP) to the Urban Land Institute for a two-day, TAP to evaluate a series of questions

pertaining to future developable land in the I-74 Realignment Area.; and

WHEREAS, those questions were: what should the city’s acquisition strategy be for the

former IDOT parcels; are there particular sites that should be prioritized for development, and

what should the city’s support of those be; what is the optimal mix of uses for those parcels/sites;

what are the important development sites that could spur redevelopment and/or function as anchors

to the newly-developed I-74 realignment area; and

WHEREAS, ULI staff attended a day-long meeting in Moline on March 28, and

recommended a national (5-day) panel because of the scale of the opportunity and the time required

to conduct research necessary to put forth a complete report; and

WHEREAS, the total program cost is $135,000, ULI will rebate $10,000, Renew Moline

will contribute $20,000, and the remaining balance of $105,000 will be paid from TIF 1 funds.



That the Mayor and City Clerk are hereby authorized to execute and attest to an agreement

with Urban Land Institute for a 5-day Technical Assistance Program to evaluate a series of

questions pertaining to future developable land in the I-74 Realignment Area.


______________________________

Mayor

August 13, 2019

Date



Attest:

City Clerk

Urban Land Institute: Overview and Technical Assistance Program

July 12, 2019 P. 1

BACKGROUND

Urban Land Institute (ULI) Mission: The mission of the ULI is to provide leadership in the

responsible use of land and in creating and sustaining thriving communities worldwide. ULI is

one of the premier organizations of land development professionals, with 42,000 members in 81

countries. It holds meetings, conferences, and provides education and technical assistance

through its staff and members. https://americas.uli.org/about-uli/mission-priorities/

ULI is committed to:

• Bringing together leaders from across the fields of real estate and land use policy to

exchange best practices and serve community needs;

• Fostering collaboration within and beyond ULI’s membership through mentoring,

dialogue, and problem solving;

• Exploring issues of urbanization, conservation, regeneration, land use, capital formation,

and sustainable development;

• Advancing land use policies and design practices that respect the uniqueness of both the

built and natural environments;

• Sharing knowledge through education, applied research, publishing, and electronic

media; and

• Sustaining a diverse global network of local practice and advisory efforts that address

current and future challenges.

Established in 1936, the Institute today has more than 42,000 members worldwide, representing

the entire spectrum of the land use and development disciplines. ULI relies heavily on the

experience of its members. It is through member involvement and information resources that

ULI has been able to set standards of excellence in development practice. The Institute has long

been recognized as one of the world’s most respected and widely quoted sources of objective

information on urban planning, growth, and development.

ADVISORY SERVICES AND TECHNICAL ASSISTANCE

https://americas.uli.org/programs/advisory-services/advisory-services/

Since 1947, Advisory Services panels have helped communities find strategic, practical solutions

for the most challenging issues facing today’s urban, suburban, and rural areas. During a

concentrated one-week effort, panels address challenging real estate and land use issues and

provide solutions

https://americas.uli.org/about-uli/mission-priorities/

https://americas.uli.org/programs/advisory-services/advisory-services/


July 12, 2019 P. 2

What is a Technical Assistance Panel?

ULI convenes a panel of industry leaders from its diverse membership, including developers,

planners, financiers, market analysts, designers, economists, architects, and public officials to

provide practical and objective advice on a problem or question(s) posed by a jurisdiction or

nonprofit seeking guidance. Advisory Services panels have helped communities hone their

competitive advantage by integrating land use and economic development on topics including

industrial development, general economic development, shopping mall redevelopment,

employment generation, hospital and life sciences, and real estate finance. Panels explore a

community’s strengths and offer candid, third-party perspective on ways to improve economic

development strategies. Recommendations also tie economic development goals to land use.

ULI recruits an expert, all-volunteer panel from within the ULI membership, based on the needs

of each assignment. Generally, a panel of five-seven members includes developers, architects,

brokers, planners, land economists, and market analysts, although recent assignments have

required the program to recruit members with more specific experiences such as building healthy

places, urban resilience, transit-oriented development, municipal leadership and public private

partnerships.

Sample reports can be found at: https://americas.uli.org/programs/advisory-services/panel-

reports/

PROPOSED TECHNICAL ASSISTANCE APPLICATION FOR I-74 REDEVELOPMENT AREA In January 2019, Renew Moline applied for the Technical Assistance Program (TAP) to the Urban

Land Institute Chicago for a two-day, $20,000 TAP to evaluate a series of questions pertaining to

future developable land in the I-74 Realignment Area. Those questions were:

• What should the city’s acquisition strategy be for the former IDOT parcels?

• Are there particular sites that should be prioritized for development (and what should the city’s support of those be?)

• What is the optimal mix of uses for those parcels/sites?

• What are the important development sites that could spur redevelopment and/or function as anchors to the newly-developed I-74 realignment area?

ULI Chicago staff attended a day-long meeting in Moline on March 28. Following their research and evaluation, Renew’s application was referred to the Washington, D.C. office. The ULI headquarters staff recommended a national (5-day) panel because of the scale of the opportunity and the time required to conduct research necessary to put forth a complete report.

https://americas.uli.org/programs/advisory-services/panel-reports/

https://americas.uli.org/programs/advisory-services/panel-reports/


July 12, 2019 P. 3

Technical Assistance Panel Schedule, Funding and Costs/Benefits:

Preparation for Technical Assistance Panel (TAP) involves assembling demographic, historic,

economic and cultural information into a briefing binder in advance of the scheduled panel.

Briefing binders are provided to panelists as background and information.

Typical Technical Assistance Panel Schedule

Day Activities Deliverables

Sunday evening • Panelists arrive

• Dinner

5-6 panelists

Monday Orientation/Presentation by Renew/City of TAP application, geographic area and questions posed to the Panel:

• Walking and driving tour

• Lunch

• List of interviewees (provided by Renew) and preliminary discussion by panel

Reception and public meeting (Overview of process)

Public meeting to include overview of process and outcomes.

Tuesday Panel holds interviews in conference space with 60-100 people (individuals/small groups).

Interviews with Renew-provided list of individuals and groups.

Wednesday • Wrap up interviews

• Deliberation & discussion

50-80 slides of consensus recommendations/options that will be hosted on ULI’s website during development of the final Technical Assistance Report.

Friday Present overview of findings, recommendations/options to group and post on ULI website

Final Presentation (above) Final Technical Assistance Report under ULI banner and on ULI website indefinitely.

Cost Source(s) of Funds Funding Gap

$135,000 ULI Grant - $10,000 Renew Moline - $20,000

$105,000

To hire individual experts in these fields, a week of their time would cost $75,000, not including per diem, lodging or travel. 1 Per diem, lodging and travel could add an additional $10-15,000.2

1 Figure assumes six professionals at an average hourly rate of $250 for a 50-hour work week (includes travel time but not travel cost). 2 Travel costs include 5 nights hotel at $150/night (inclusive), $500 total for food, and $800 for airfare/transportation for each person.


July 12, 2019 P. 4

Costs (What are we giving up?) Benefits (What are we getting?)

Staff time to prepare the background materials and information; time to coordinate and organize panel activities in cooperation with ULI.

A panel of national-caliber experts from a range of disciplines to answer large-scale vision questions about the future of our city. The chance to hear an experienced outside perspective with a diversity of expertise.

$125,000 that could be spent on other things (e.g. physical improvements, other consultants, etc).

Independent third party look at a focused issue/list of questions on a short turnaround (a consulting contract for such an exercise would likely be longer in duration).

This is not a consulting contract. We work with ULI to ensure we have posed the “right” questions, and the panel takes our questions, does their own investigation and reports findings and recommendations. There is limited ability to redirect them.

An opportunity to showcase 13 acres of urban development potential to a national development-interested audience.

Panel experts participate with no “vested interest” in the outcome. As a result, recommendations are based on an unencumbered professional opinion, rather than a desire/intent toward future opportunity.

An opportunity to publicly craft a vision for Moline, creating excitement about the possibilities and a rallying point for residents and business owners.

Documents we can use to illustrate and pursue a vision for development for the I-74 area; a platform to pursue new development with high quality (and high credibility) documents.

Summary: The ULI Technical Assistance Panel is a significant investment of time and resources. Decisionmakers should review the information presented here, read the ULI background material referenced here, including TAP reports and presentations; and conduct their own research to determine whether to proceed with this effort.


Sponsor: _______________________

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute an agreement between the City of

Moline and the Board of Education of Moline School District 40 setting forth

the terms for assignment of four police liaison officers to Moline schools for

the 2019/2020 school year.

____________________________

WHEREAS, pursuant to the agreement, the police department will assign police officers at

Moline High School, Alternative High School, Wilson Middle School and John Deere Middle

School on a full time basis during the 2019/2020 school year; and

WHEREAS, in part, the agreement provides for Moline School District No. 40 to reimburse

the City of Moline for 40 percent of the total salary and benefit costs for the four assigned officers

and 100 percent of the cost for overtime worked at the request of the schools.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE,

ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to execute an agreement between the

City of Moline and the Board of Education of Moline School District 40 setting forth the terms for

assignment of the four school liaison officers to the school system for the 2019/2020 school year,

provided said agreement is in substantially similar form and content to that attached hereto and

incorporated herein by this reference thereto as Exhibit A.


____________________________________

Mayor

August 13, 2019

Date



Attest:

City Clerk

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Sponsor:

A RESOLUTION

AUTHORIZING the City Administrator and Chief of Police to execute an

Intergovernmental Agreement between the City of Moline and the Quad

City Metropolitan Enforcement Group for the period July 1, 2019 through

June 30, 2020, setting forth the terms for the police department’s

continued participation in this multi-jurisdictional law enforcement effort.

WHEREAS, the Quad City Metropolitan Enforcement Group is a multi-jurisdictional law

enforcement unit that combats illegal drug trafficking and the use and distribution of controlled

substances; and

WHEREAS, the police department has participated as a member of the Quad City

Metropolitan Enforcement Group since its formation in 1977; and

WHEREAS, annual submission of an Intergovernmental Agreement is required.



That the City Administrator and Chief of Police are hereby authorized to execute an

agreement between the City of Moline and the Quad City Metropolitan Enforcement Group for

the period July 1, 2019 through June 30, 2020, setting forth the terms for the police department’s

continued participation in this multi-jurisdictional law enforcement effort; provided, however,

that said agreement is in substantially similar form and content to that attached hereto and

incorporated herein by this reference thereto as Exhibit A.


__________________________________________

Mayor

August 13, 2019 ____________________________

Date

Passed: August 13, 2019 _______

Approved: August 27, 2019 _______

Attest: _____________________

City Clerk

1

QUAD CITY METROPOLITAN ENFORCEMENT GROUP INTERGOVERNMENTAL AGREEMENT

This Agreement is entered into in compliance with Iowa Code Chapter 28E and Iowa Code Section 804.7B of the 2013 Code of Iowa and Articles 7 and 10 of the Constitution of the State of Illinois, the Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.), the Illinois Intergovernmental Drug Laws Enforcement Act (30 ILCS 715/1, et seq.) to enable the below named law authorities in Iowa and Illinois to engage in a cooperative effort in criminal investigations and prosecutions thereof, particularly involving multi-jurisdictional illegal drug trafficking and the use and distribution of controlled substances. The parties to this agreement are: The Illinois State Police Bettendorf Police Department Rock Island Police Department East Moline Police Department Rock Island County Sheriff’s Department Rock Island State’s Attorney Office Moline Police Department Davenport Police Department Scott County Sheriff’s Department Scott County Attorney’s Office Silvis Police Department Milan Police Department Iowa Division of Narcotics Enforcement

1. The parties agree to pool and integrate certain law enforcement resources into the Quad Cities Metropolitan Enforcement Group (hereinafter referred to as MEG) to coordinate the enforcement of drug laws without regard to jurisdictional boundaries of the parties hereto and to cooperate with other state and federal groups.

2. The parties agree to cooperatively engage in authorized criminal investigations and prosecutions, particularly involving illegal drug trafficking and the use and distribution of controlled substances within our geographical jurisdictions.

3. No separate, legal entity will be created.

4. The parties agree that a MEG Policy Board shall be established and shall administer the operations of this agreement. The MEG Policy Board shall consist of an elected public official, or designee, and the chief law enforcement officer, or a designee, from each participating unit of government. The MEG Policy Board shall establish a separate agreement setting forth the operational procedures and requirements for MEG. In addition to any provisions of said agreement, the MEG Policy Board shall determine the following:

A. Establishment of an Executive Committee.

B. Designation of a Fiscal Officer.

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C. Designation of a Director and Deputy Director of MEG.

D. Appointment of law enforcement officers to the MEG unit.

6. Funding for MEG shall be overseen by the Fiscal Officer. Funding for MEG shall be provided by various government grants, funds from the Illinois State Police, the High Intensity Drug Trafficking Area program, forfeiture funds received from federal and state agencies, and through contributions made by the respective participating units of government. Law enforcement personnel assigned to MEG shall remain employees of their respective participating units of government and shall be compensated in accordance with its regular procedure.

7. The fiscal year for MEG shall commence on July 1 and terminate on June 30 of every year. The Fiscal Officer shall be responsible for preparing an annual budget to be approved by the MEG Policy Board prior to each fiscal year. The Board may authorize the hiring of private accounting and auditing agencies to assist the Fiscal Officer in his duties.

8. The MEG Policy Board may terminate this agreement and disband MEG at any time

by a majority vote of the Board.

9. This agreement shall commence on July 1, 2019 and conclude on June 30, 2020. Unless the MEG Policy Board terminates the agreement as set forth above, the duration of this agreement shall be for a 1-year period. The agreement shall automatically be renewed on a year-to-year basis. Any of the parties may withdraw from this agreement by providing at least thirty- (30)- days advance, written notice of said intent to withdraw to all other parties to the agreement. Any party so withdrawing agrees to cooperate fully in concluding and pending investigation wherein their participation is necessary for a proper resolution, and to cooperate fully in any subsequent prosecution of such matters.

10. Upon withdrawal from, or termination of MEG, property and equipment shall be distributed as follows:

A. In the event a party withdraws, that party shall be entitled to the return of any property and equipment supplied to MEG for which title remains vested in that party. Property and equipment donated or otherwise given to MEG as a gift or contribution shall remain the property of MEG. The withdrawing party shall not be entitled to any funds contributed to, or in the possession of, MEG.

B. In the event MEG terminates operations, the remaining participating parties shall share, in proportion to their individual sworn officer commitment to MEG at the time of termination, in the division of MEG assets not otherwise required to be returned to a contributing entity as set forth in paragraph 10.A.

C. The division and/or liquidation of MEG assets in the event of termination shall be at the sole discretion and direction of the MEG Policy Board. Any party which withdraws from MEG prior to the date of termination shall forfeit any right to receive property or proceeds upon dissolution.

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11. Each party agrees to assume all risks of liability arising out of the operation and investigations conducted within its respective geographical jurisdiction. The full legal and financial responsibility for injury, disability or death of an employee shall remain with the employee’s respective law enforcement agency.

12. This agreement shall not be effective unless and until approved by the Attorney General of Iowa.

13. Any modification of this agreement requires written approval by the MEG Policy Board and all parties.

The undersigned representatives hereby agree to the terms and conditions as they relate to

agency participation in the Quad City Metropolitan Enforcement Group, as set forth in this Intergovernmental Agreement.

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RESOLVED by:

_____________________________________ _______________________________________ Chief Darren Gault Lisa A. Kotter Moline Police Department City Administrator


Sponsor:

A RESOLUTION

DECLARING the property at 1311 3rd Street A, Moline, Illinois, previously acquired by the

City as abandoned residential property, to be surplus; and

AUTHORIZING the Mayor and City Clerk to execute and attest to an Agreement for Transfer of

Real Estate and do all things necessary to convey the property at 1311 3rd Street

A to Moline Community Development Corporation, an Illinois Not-For-Profit

Corporation.

______________________________

WHEREAS, as a result of City Council goal setting, the Moline Community Development

Corporation (MCDC) was created in 2008; and

WHEREAS, the MCDC and the City work cooperatively to improve and expand affordable

housing opportunities for persons with low to moderate income and to improve the City’s

residential neighborhoods; and

WHEREAS, the City has obtained title to the real residential property more particularly

described as:

LOT NUMBER THREE (3) IN BLOCK NUMBER THREE (3) IN OAK HILL

PARK, AN ADDITION TO THE CITY OF MOLINE, SITUATED IN THE

COUNTY OF ROCK ISLAND, IN THE STATE OF ILLINOIS.

Parcel No.: 08-5244, PIN No.: 1706204009, commonly known as 1311 3rd Street A, Moline,

Illinois (hereinafter “Property”) through abandoned building proceedings; and

WHEREAS, in furtherance of their mutual goals, the City has offered to transfer the

Property to MCDC, and MCDC is willing to accept and improve the Property to bring it into

compliance with all municipal codes and to make the Property habitable and affordable; and

WHEREAS, to provide momentum to MCDC’s efforts, MCDC is interested in

rehabilitating the home on the lot and selling it to a qualified family; and

WHEREAS, in the exercise of its home rule powers, the City is authorized to convey the

Property to MCDC; and

WHEREAS, the rehabilitation and sale of the home at this location will restore the blighted

property and increase the property tax base in the future.

Council Bill/Resolution No.

Page 2 of 2



That the Property (having the common address of 1311 3rd Street A) is hereby declared

surplus.

BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to

execute and attest to an Agreement for Transfer of Real Estate concerning 1311 3rd Street A,

Moline, Illinois, with Moline Community Development Corporation, an Illinois Not-For-Profit

Corporation, in the form attached hereto and incorporated herein as Exhibit A, and further

authorizing the Mayor, Clerk and legal counsel to do all things necessary to convey said Property

to MCDC under the terms of said Agreement.


____________________________________

Mayor

August 13, 2019

Date



Attest:

City Clerk

1

AGREEMENT FOR TRANSFER OF REAL ESTATE

AGREEMENT, by and between, MOLINE COMMUNITY DEVELOPMENT

CORPORATION, an Illinois not-for-profit corporation (hereinafter “MCDC”), located in

Moline, Illinois, and CITY OF MOLINE, an Illinois municipal corporation with home rule

powers, (hereinafter “City”), located at 619 16th Street, Moline, Illinois.

WITNESSETH:

WHEREAS, the MCDC and City work cooperatively to improve and expand affordable housing

opportunities for persons with low to moderate income within the City of Moline and to improve

residential neighborhoods; and

WHEREAS, the City has obtained title to the real residential property more particularly described

as:

LOT NUMBER THREE (3) IN BLOCK NUMBER THREE (3) IN OAK HILL

PARK, AN ADDITION TO THE CITY OF MOLINE, SITUATED IN THE

COUNTY OF ROCK ISLAND, IN THE STATE OF ILLINOIS.

Parcel No.: 08-5244, PIN No.: 1706204009, commonly known as 1311 3rd Street A, Moline,

Illinois (hereinafter “Property”); and

WHEREAS, in furtherance of their mutual goals, the City has offered to transfer the Property to

MCDC, and MCDC is willing to accept and improve the Property to bring it into compliance with

all municipal codes and to make the Property habitable and affordable.

NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties

hereto, each of them does hereby covenant and agree with the other as follows:

Sec. 1. TRANSFER OF PROPERTY

Subject to all terms, covenants and conditions of this Agreement, the City will convey, and the

MCDC will accept title to the Property.

Sec. 2. CLOSING AND POSSESSION

The transfer of title to the Property shall occur on or before the 29th day of August, 2019, or on

such other date as the parties hereto may mutually agree to in writing.

EXHIBIT A

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Sec. 3. CONVEYANCE OF PROPERTY

(a) Form of Deed. Upon approval by the Corporate Authorities, the City shall deliver a Quit

Claim Deed (“Deed”) conveying the City’s interest in the Property to the MCDC. The parties

agree to execute all other documents necessary to cause the deed to be recorded. The Quit Claim

Deed shall convey the Property in an “as is, where is” condition with all faults and defects, known

or unknown, physical or otherwise, including but not limited to environmental defects, whether

disclosed or not disclosed, known or not known, and without representation or warranty, express

or implied. Such conveyance—being subject to such condition--shall bar all tort, warranty, and

misrepresentation claims, including any action based on non-disclosure, by MCDC and any

successors and assigns. The conveyance and title of the Property shall, in addition to other

conditions, covenants and restrictions set forth or referred to elsewhere in the Agreement, be

subject to:

1. Applicable statutes, orders, rules and regulations of the Federal Government and

State of Illinois, and laws and ordinances of the City of Moline, including zoning,

building, and land subdivision laws and regulations; and

2. All easements of record; and

3. Matters that would be revealed by an ALTA survey of the Property.

4. A covenant in favor of the City requiring MCDC to quit claim the Property back to

the City upon the occurrence of the following conditions: a) should MCDC fail,

within 18 months after the date of the Deed to MCDC, to repair and restore the

Property and bring the Property into compliance with all applicable municipal code

requirements including, but not limited to, compliance with those requirements

necessary for a certificate of occupancy; and b) passage of a Resolution by the City

after said 18 months exercising the City’s rights to such transfer. However, at such

time as the City issues a Certificate of Occupancy to MCDC for the Property, the

City shall also issue, in recordable form, and without further action of the City

Council, a release of its rights under the covenant.

(b) Proration of Taxes and Adjustments. There shall be no proration of taxes as the Property

is currently tax exempt; and there are no leases for the subject property requiring a credit for

deposits or proration of rents.

(c) Expenses of Transfer. MCDC shall pay:

1. Recording fees for deed;

2. All costs associated with title insurance, if title insurance is desired by MCDC.

Each party shall be responsible for his or her own attorney fees and customary closing costs.

(d) Settlement Procedures. To the extent the subject transaction is covered by its provisions,

the parties agree to comply with the Real Estate Settlement Procedures Act of 1974 (RESPA).

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Sec. 4. PROPERTY CONDITION

MCDC acknowledges that the MCDC has visually inspected the real estate and the improvements

thereof; the MCDC is acquainted with the condition thereof, and the MCDC shall accept the

Property under the terms of this Agreement.

Sec. 5. ENTIRE AGREEMENT

This Agreement and its Exhibits contain the entire agreement among the parties and supersedes all

prior agreements or other understandings, oral or written, not expressly retained herein. It shall

inure to the benefit of and shall be binding upon the parties hereto and their respective successors

or assigns. This Agreement may be modified only by a written amendment signed by all of the

parties.

Sec. 6. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Illinois, and the sole and exclusive

venue for any disputes arising out of this Agreement shall be any state court located within Rock

Island County, Illinois, or federal court located within the appropriate venue. A waiver of any part

of this Agreement shall be limited to that specific event and shall not be a waiver of the entire

Agreement.

Sec. 7. SEVERABILITY

Should any part of this Agreement be determined to be illegal, invalid or otherwise unenforceable,

then all such remaining parts not so affected by such illegality, invalidity or unenforceability shall

continue in full force and effect, fully binding all parties, their respective heirs and assigns, as to

such remaining terms.

Sec. 8. ASSURANCE OF FURTHER ACTION

From time to time hereafter and without further consideration, each of the parties to this Agreement

shall execute and deliver, or cause to be executed and delivered, such Recordable Memoranda,

further instruments, and agreements, and shall take such other actions, as any other party may

reasonably request in order to more effectively memorialize, confirm, and effectuate the intentions,

undertakings, and obligations contemplated by this Agreement.

This Agreement has been read and executed in duplicate on the dates beside the parties’ authorized

agents’ signatures.

IN WITNESS WHEREOF, Moline Community Development Corporation, MCDC, has caused

this Agreement for Transfer of Real Estate to be executed this day of , 2019.

4

By: Name: ________________________

Its: ___________________________

STATE OF ILLINOIS )

) SS:

COUNTY OF ROCK ISLAND )

On this _______ day of _____________, 2019, before me, the undersigned, a Notary Public in and

for the State of Illinois, personally appeared ________________________, to me personally

known, who, being by me duly sworn, did say that he/she is the _____________________ of the

Moline Community Development Corporation, executing the within and foregoing instrument to

which this is attached; that said instrument was signed and delivered as the free and voluntary act

of said corporation, and caused the corporate seal of the said corporation to be affixed thereto,

pursuant to authority given by the Board of Directors of said Corporation as his/her free and

voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein

set forth

(seal) NOTARY PUBLIC

IN WITNESS WHEREOF, the City of Moline has caused this Agreement for Transfer of Real

Estate to be duly executed in its name and on behalf by Stephanie Acri, its Mayor, this

day of , 2019.

City of Moline (City) Attest:

Stephanie Acri, Mayor Janine A. H. Parr, City Clerk

5

STATE OF ILLINOIS )

) ss:

COUNTY OF ROCK ISLAND )

On this day of , 2019, before me, the undersigned, a Notary Public

in and for the State of Illinois, personally appeared STEPHANIE ACRI and JANINE A. H. PARR,

to me personally known, who, being by me duly sworn, did say that they are the Mayor and City

Clerk, respectively, of the City of Moline, executing the within and foregoing instrument to which

this is attached; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto

is the seal of said corporation) as such officers acknowledged the execution of said instrument to

be the voluntary act and deed of said corporation, by it and by them voluntarily executed.

(seal) NOTARY PUBLIC

Prepared by:

Derke J. Price

Corporation Counsel

Ancel Glink

1979 N. Mill Street, Suite 207

Naperville, IL 60563

Phone: (630) 596-4612

Fax: (630) 596-4611


Sponsor:

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute a Quit Claim Deed to B.M. Bagby, Inc.

to convey all right, title and interest in Lot Number One (1) in Hawk Hollow

Addition, Moline, and to remove and cancel the stipulation of right of

reverter contained in the original Warranty Deed between the City of

Moline and B.M. Bagby, Inc., recorded May 25, 2016, as Document No.

2016-07809.

_________________

WHEREAS, pursuant to Council Bill/Special Ordinance No. 4014-2016, the City of

Moline and B.M. Bagby, Inc. (“Bagby”) executed an Agreement for Sale and Development of

Real Estate on March 21, 2016, for Bagby’s purchase of Lot 1 Hawk Hollow Addition, Moline;

and

WHEREAS, under the Agreement, Bagby agreed to make certain improvements to the

property, including the construction of five multi-unit two story townhouse buildings by December

31, 2021, and to make payments per the Agreement’s seller financing rider; and

WHEREAS, the Agreement includes a right of reverter stipulating that any portion of the

property where construction has not begun, not including the detention basin, by December 31,

2021, will revert to the City and Bagby will relinquish all interests of said portion; and

WHEREAS, a Warranty Deed transferring the property and containing the right of

reverter stipulation was recorded on May 25, 2016, as Document No. 2016-07809; and

WHEREAS, the City has received acknowledgment that Bagby is completing

construction of the fifth townhouse and has complied with all special restrictions and covenants of

the Agreement; and

WHEREAS, the City therefore agrees to execute a Quit Claim Deed to convey all right,

title and interest in the property to Bagby and to specifically remove and cancel the stipulation of

right of reverter contained in the Warranty Deed recorded May 25, 2016, as Document No. 2016-

07809.



That the Mayor and City Clerk are hereby authorized to execute a Quit Claim Deed of

Dedication to convey all right, title and interest in Lot Number One (1) in Hawk Hollow Addition,

Moline, and to remove and cancel the stipulation of right of reverter contained in the original

Warranty Deed between the City of Moline and B.M. Bagby, Inc., recorded May 25, 2016, as

Document No. 2016-07809; provided, however, that said Quit Claim Deed is in substantially

similar form and content to that attached hereto and incorporated herein by this reference thereto

as Exhibit A.


Page 2 of 2


Mayor

August 13, 2019

Date



Attest:

City Clerk


Sponsor:

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to execute a Memorandum of Understanding

between the City of Moline, City of Rock Island, and County of Rock

Island setting forth the terms for submitting a joint application for funding

available through the U. S. Department of Justice 2019 Byrne Justice

Assistance Grant Program.

____________________________

WHEREAS, Moline, Rock Island, and Rock Island County are eligible to submit a joint

application for the aggregate of funds allocated to them under the 2019 Byrne Justice Assistance

Grant Program award; and

WHEREAS, prior to submission of an application, the agencies must enter into a

Memorandum of Understanding setting forth the agreed upon allocation of funds, the projects to

be funded, and the appointment of one agency to serve as fiscal agent; and

WHEREAS, the proposed agreement provides, in part, for County to serve as the fiscal

agent for the grant.



That the Mayor and City Clerk are hereby authorized to execute a Memorandum of

Understanding between the City of Moline, City of Rock Island, and County of Rock Island,

setting forth the terms for submitting a joint application for funding available through the U. S.

Department of Justice 2019 Byrne Justice Assistance Grant Program, provided said

Memorandum of Understanding is in substantially similar form and content to that attached

hereto and incorporated herein by this reference thereto as Exhibit A.


____________________________________

Mayor

August 13, 2019

Date



Attest:

City Clerk

Council Bill/General Ordinance No. 3021-2019

Sponsor:

AN ORDINANCE

AMENDING Chapter 4, “ALCOHOLIC LIQUOR,” of the Moline Code of Ordinances,

by amending Section 4-3317 and 4-3324 to allow the presence of

companion dogs in outdoor areas of establishments other than Restaurants

(Class A or Class AA) holding a valid License and an Option 1 or Option 7

Special Use.

WHEREAS, the City of Moline is a home rule unit of government and has the authority

to adopt ordinances, to promulgate rules and regulations that pertain to its government and affairs,

including the permitting and regulation of the sale of alcoholic liquors within its boundaries, and

the authority to protect the public health, safety, and welfare of its residents; and

WHEREAS, in Chapter 4 of the Moline Code of Ordinances, the City has adopted

ordinances and promulgated rules and regulations concerning the sale and possession of alcoholic

liquors; and

WHEREAS, in the exercise of its home rule powers, the City desires to amend its Code

of Ordinances to allow certain licensees to permit companion dogs to be present in the outdoor

areas that have obtained the appropriate special use option.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF


Section 1 – That the facts and statements contained in the preambles to this ordinance are

found to be true and correct and are hereby adopted as part of this ordinance.

Section 2 –That Chapter 4, “ALCHOLIC LIQUOR” of the Moline Code of Ordinances,

Section 4-3317(b)(7) is hereby amended as follows (additions are marked by underline, deletions

are marked by strikethrough):

“SEC. 4-3317. OPTION 1 OUTDOOR USE.

* * * * * * (7) Except as provided herein and in Paragraph 8 below, liveLive animals shall be excluded from all

areas under the control of the licensed establishment both inside and outside of an enclosed building for the purpose

of serving patrons on private property, public right-of-way or public property. This exclusion does not apply to edible

fish, crustacean, shellfish, or to fish in aquariums, nor to . Ppatrol dogs accompanying security or police officers.and

Service dogs and service miniature horses recognized under the Americans with Disabilities Act as animalstrained to

assist handicapped persons with disabilities that are accompanying such persons shall be permitted in all areas open

to the publicdining areas.


Page 2 of 3

(8) Other than Licensees holding a Restaurant License (Class A and Class AA), a Licensee with this

Option may permit Companion Dogs in the outdoor area licensed hereunder. Companion Dogs are not permitted in

an indoor licensed area for any Licensee. A Licensee choosing to allow Companion Dogs must ensure compliance

with the Illinois Food, Drug, and Cosmetic Act, the Food Handling Regulation Enforcement Act, the Sanitary Food

Preparation Act, and all other applicable statutes and ordinances of the City of Moline. A Licensee shall refuse to

serve the owner of a Companion Dog if the person in control of the Companion Dog fails to exercise reasonable

control over the Companion Dog, or if the Companion Dog is otherwise behaving in a manner that compromises or

threatens to compromise the health or safety of any person present, including, but not limited to, violations and

potential violations of any applicable health code or other statute or ordinance.”

* * * * * *

Section 3 –That Chapter 4, “ALCHOLIC LIQUOR” of the Moline Code of Ordinances,

Section 4-3324 is hereby amended by adding the following new paragraphs (j) and (k):

“SEC. 4-3324. OPTION 7 RETAILER’S ON-SITE OUTDOOR SPECIAL USE.

* * * * * * (j) Except as provided herein and in Paragraph k below, live animals shall be excluded from all areas

under the control of the licensed establishment both inside and outside of an enclosed building for the purpose of

serving patrons on private property, public right-of-way or public property. This exclusion does not apply to edible

fish, crustacean, shellfish, or to fish in aquariums, nor to patrol dogs accompanying security or police officers. Service

dogs and service miniature horses recognized under the Americans with Disabilities Act as trained to assist persons

with disabilities that are accompanying such persons shall be permitted in all areas open to the public.

(k) Other than Licensees holding a Restaurant License (Class A and Class AA), a Licensee with this

Option may permit Companion Dogs in the outdoor areas licensed hereunder. Companion Dogs are not permitted in

an indoor licensed area for any Licensee. A Licensee choosing to allow Companion Dogs must ensure compliance

with the Illinois Food, Drug, and Cosmetic Act, the Food Handling Regulation Enforcement Act, the Sanitary Food

Preparation Act, and all other applicable statutes and ordinances of the City of Moline. A Licensee shall refuse to

serve the owner of a Companion Dog if the person in control of the Companion Dog fails to exercise reasonable

control over the Companion Dog, or if the Companion Dog is otherwise behaving in a manner that compromises or

threatens to compromise the health or safety of any person present, including, but not limited to, violations and

potential violations of any applicable health code or other statute or ordinance.”

* * * * * *

Section 4 – That if any section, subsection, sentence, clause, phrase or portion of this

ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,

such portion shall be deemed a separate, distinct, and independent provision and such holding shall

not affect the validity of the remaining portions hereof.

Section 5 – That all prior ordinances and resolutions in conflict or inconsistent herewith

are hereby expressly repealed only to the extent of such conflict or inconsistency.


Page 3 of 3

Section 6 – That this ordinance shall be in full force and effect from and after passage,

approval, and if required by law, publication in the manner provided for by law.


Mayor

August 27, 2019

Passed: August 27, 2019 Date

Approved: September 10, 2019

Attest:

City Clerk